Javier Flores Garcia is a thirty-nine year old husband and father of 3 U.S. citizen children. He has been living and working in the U.S. since 1997 where he has raised his family.

Javier is currently detained in Pike County Detention Center despite having a pending U-Visa application since July 2015.

The agency in charge of processing the U-visa, USCIS, made a “prima facie determination” – meaning that they consider Javier eligible for a U-visa. Unfortunately his application was recently denied, not because he did not qualify as a victim of a crime, but because of the his multiple deportations and returns to the United States to be reunited with his family.

USCIS decided that despite the serious suffering to his United States citizen children and family, that he was not “remorseful” for his repeated deportations and returns, and that he did not warrant a waiver.

Javier and his family are appealing the decision. While ICE has the authority to release him during this time, they have chosen to keep him incarcerated as the process, which could take 2 years to complete.

While he is imprisoned, his family is struggling severe psychological and financial hardship. His oldest daughter, Admaris, is suffering from the trauma of his arrest. His son, Javier Jr., is also suffering severe emotional and psychological hardship. Despite the strength of his U-Visa appeal and his underlying equities, the family is still afraid that he will be deported again due to ICE’s focus on people who have been deported multiple times.

His family cannot afford to have their father imprisoned for two years and neither can the U.S. taxpayers. It will cost roughly $146,000 dollars to keep Javier imprisoned while his U-Visa application is being determined, and he has already spent nearly 1 year incarcerated.

Please send a message to ICE Headquarters to show support for Javier’s immediate release so he can be with his family.

I am writing regarding the case of Mr. Javier Flores Garcia (A099-026-931). He is a thirty-nine year old husband and father of three U.S. citizen children. He has been living and working in the U.S. since 1997 where he has raised his family. Javier is currently detained in Pike County Detention Center despite having a pending U-Visa application since July 2015.

The VAWA unit of the USCIS Vermont Service Center made a prima facie determination that Javier was eligible for a U-visa. However, his application was recently denied, not because he did not qualify as a victim of a crime, but because they found he was inadmissible to the United States as a result of his multiple removals and returns to the United States.

It is my understanding that while ICE has the authority to release him during this time, you have chosen to exercise their discretion to keep him incarcerated as the process goes on, a process that normally take 2 years to complete.

His family cannot afford to have their father imprisoned for two years and neither I as a U.S. taxpayer. It will cost roughly $146,000 dollars to keep Javier imprisoned while his U-Visa appeal is being determined, and he has already spent nearly 1 year incarcerated.

While he is imprisoned, his family is struggling severe psychological and financial hardship. His oldest daughter, Admaris, is suffering from the trauma of his arrest. His son, Javier Jr., is also suffering severe emotional and psychological hardship.

There is no reason ICE should continue to detained him. I urge you to use prosecutorial discretion and release Mr. Flores Garcia.

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As the immigration debate continues, #Not1More enters the discussion from the place that touches people in concrete ways and can offer tangible relief. By collectively challenging unfair deportations and unjust policy through organizing, art, legislation, and action, we aim to reverse criminalization, build migrant power, and create immigration policies based on principles of inclusion.Read More »